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(영문) 대전지방법원 홍성지원 2015.06.24 2015고정119

수산자원관리법위반등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. No person who violates the Fishery Resources Management Act shall load fishing implements, other than those licensed, permitted, approved or reported under the Fisheries Act, and fishing implements, the use of which is prohibited under the Fishery Resources Management Act;

Nevertheless, at around 16:00 on January 13, 2015, the Defendant loaded one roll of one-person pump net fishing gear, which was not licensed, permitted, approved, or reported under the Fisheries Act, at the start of the ship at the start of the ship, and operated the sea by up to 0.5 mam on January 13, 2015, in Bocheon-si, Bocheon-si, Bocheon-si, Bocheon-do, Bocheon-do.

2. Persons who intend to become ship personnel, shall obtain a marine officer's license from the Minister of Oceans and Fisheries;

Nevertheless, without obtaining a marine officer license, the defendant performed his duties as captain B at the time and place mentioned in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Domination photographs of illegal fishing gear on board;

1. Application of Acts and subordinate statutes applicable to requests for cooperation in operations (whether a marine officer license exists);

1. Relevant legal provisions concerning facts constituting an offense and the loading of specific fishing gear for the choice of punishment: Article 65 subparagraph 6 of the Fishery Resources Management Act and Article 24 of the same Act: Subparagraph 2 of Article 27 and Article 4 (1) of the Ship Personnel Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;